Volume 63 — New York State Reporter

<p>Motion to be relieved from a stipulation.</p>

<p>Pleading—Amendment.</p> <p>The special term, has power to amend a complaint so as to supply an omission of an allegation as to continuing trespass, in an action to enjoin an elevated railway.</p>

<p>Motion for a bill of particulars, or to make the answer more definite and certain.</p>

<p>Parties—Poor person.</p> <p>An application for leave to sue as a poor person should be made upon, or soon after, the commencement of the action.</p>

<p>1. Reverence—Practice motion.</p> <p>The court, on a practice motion, has no power to make an order of reference to hear and determine, but only to take testimony and report with his opinion.</p> <p>2. Avvidavit—Striking out.</p> <p>It is error to strike from an affidavit relevant averments, simply because they are claimed to be untrue.</p>

<p>Appeal from a judgment entered on a verdict in favor of plaintiff.</p>

<p>Election of officers—Nominations.</p> <p>The courts will recognize a nomination first made, where the convention, after making such nomination, reassembled and nominated another person for the same office, though the county committee had not declared the first nomination irregular and ordered a new nomination.</p>

<p>1. Will—Construction.</p> <p>Precatory words impose a binding duty, where the testator has pointed out, with sufficient clearness and certainty, both the subject-matter and object of the trust.</p> <p>2. Same—Power of sale.</p> <p>Where the will is silent as to the person who is to sell the land, such power is implied in the executor.</p>

<p>Costs—Extra allowance.</p> <p>An extra allowance cannot be granted in an action to enjoin the sale of shares of stock.</p>

<p>1. Contract—Champerty. ,</p> <p>An agreement to employ counsel, furnish money for disbursements and procure the evidence, cannot be enforced.</p> <p>2. Same—Validity—Public Policy.</p> <p>A contract to procure evidence for another in consideration of part of the recovery is against public policy.</p>

<p>Wills—Bequest of interest. ■</p> <p>A bequest of the interest of a certain sum, not setting apart any sum for its payment, is a gift of an annuity equal to the interest of said sum.</p>

<p>Aliens—Naturalization—Proof.</p> <p>Upon application for registration as a voter, a person claiming to be a naturalized citizen, may give secondary evidence of the contents of his-naturalization papers, where the papers themselves cannot be found.</p>

<p>1. Supplementary proceedings—Execution.</p> <p>The issuance and return of an execution unsatisfied, after the judgment ceases to be a lien on real estate and chattels real, furnish no basis for supplementary proceedings.</p> <p>2. Same.</p> <p>The execution, required as a.basis for supplementary proceedings, is the one prescribed by § 2458 of the Code.</p>

The contracts of sale were as follows : “New York, April 15, 1884. “ Sold for account Mess. Goetze & Popert, Hamburg, to John Dunphy, Esq., about 1,200 wet salted Danish calfskins, to weigh per invoice not less than 6 pounds, German (3 kos.), or more than 10 pounds, German (5 Icos.), each. May shipment, at 15c. per lb., net cash, delivered New York.